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ARMSTRONG v. ARMSTRONG

No. 864DC748.

354 S.E.2d 350 (1987)

Martha G. ARMSTRONG v. Ivan O. ARMSTRONG.

Court of Appeals of North Carolina.

April 7, 1987.

Attorney(s) appearing for the Case

Charles William Kafer, New Bern, for defendant-appellant.

Merritt & Stroud by Timothy E. Merritt, Jacksonville, for plaintiff-appellee.

GREENE, Judge.

After a one-year separation, plaintiff brought this action on 14 May 1984 for divorce and equitable distribution of the parties' marital property. Defendant also requested absolute divorce but asserted, among other things, that N.C.Gen.Stat. Sec. 50-20(b)(1) was unconstitutionally amended in 1983 to reclassify his vested military pension as marital property. Defendant's motion to dismiss the suit because of such unconstitutionality was denied by the...

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